"Capturing one Still Moment of a babies life"

Terms and Conditions

Terms and Conditions of Use Agreement

PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. We maintain this web site as a service to our customers, and by using our site you are agreeing to comply with and be bound by the following terms of use. Please review the following terms and conditions carefully, and check them periodically for changes. If you do not agree to the terms and conditions, you should not review information or obtain goods, services or products from this site.

  1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement ("Agreement") with respect to Still Moments Nursery. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to Still Moments Nursery, the content, products or services provided by or through Still Moments Nursery, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on Still Moments Nursery, and you should review this Agreement prior to using the Site.

  2. Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to Still Moments Nursery are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

  3. Fraud: By becoming a member, you confirm that the information provided in this form is true and that you agree to abide by the Terms and Conditions of use of Still Moments Nursery. Please note that your membership can be canceled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by Still Moments Nursery in its sole discretion. If membership has been revoked, Still Moments Nursery reserves the right to refuse application or readmission to the membership program.

  4. Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sub-license, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).

  5. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on Still Moments Nursery, including this Agreement, without further notice to users of the Site.

  6. Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of Still Moments Nursery.

  7. Nontransferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.

  8. Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

  9. Limits. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.

  10. Use of Information. We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

  11. Third-Party Services. We allow access to or advertise third-party merchant sites ("Merchants") from which you may purchase or otherwise obtain certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.

  12. Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

  13. Privacy Policy. Click here to review our Privacy Policy 

  14. Payments. You represent and warrant that if you are purchasing something from us or from our Merchants that (i) any credit card information you supply is true, correct and complete, (i) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes. More information on Payment Methods

  15. Securities Laws. This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.

  16. Links to Other Web Sites. The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

  17. Submissions. All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.

  18. Return Policy. Please select your purchase items carefully, as once a product has been paid for, and goods received in working order, you will not be eligible for refund or exchange.  We are not required to provide a refund or replacement if you change your mind.
    Still Moments Nursery only accepts returns within 7 days after delivery.
    No goods are to be returned without prior Authorization by Still Moments Nursery.
    Any agreed returns must be in the same condition as received.
    Payment will not be refunded until product has been returned in it's original condition and packaging.
    Failure to do so will result in a review of refund.
    Refunds are for the product's purchased price only. Original Postage and Handling are not included.
    Refunds and Returns Excludes auction sites and refunds will not be issued on a change of mind bases.
    If your original order was shipped to you freight free and you need to return the items for whatever reason, the original cost of shipping to you, will be deducted from your reimbursement.

  19. Canceled Supply Orders. Please note there is a 20% re-stocking fee for all returns, refunds and cancelations.    Custom order doll are not included and are non-refundable.
  20. Layaway Orders.  ALL Layaway / Layby orders must be completed within 3 months after purchase date and Contact must be made within 3 days after purchase.
    If no contact is made within 3 days the products we're holding for you will be released for others to buy.
    All international layaway orders are invoiced in AUD Australian Currency.
    If after 90 days the full amount of your order has not been paid a reminder will be sent to the e-mail address on your account.
    If we still have not heard from you after 7 more days your order will be canceled.
    Layaway is not available on orders under $100.00 AUD unless an arrangement has been made with us prior to your order being made.

    Failure to complete a layaway within the 3 month contract period may result in a cancellation of your order and all deposits will be non-refundable.

  21. Custom order doll cancellation / return policy: Due to the highly customizable nature, all custom made reborn baby dolls made by Still Moments Nursery are non-refundable and this includes all deposits made.

  22. Venue; Applicable Law. YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE CIRCUIT COURT OF “Australia”, “Victoria”.  As such, the laws of “Melbourne Victoria” will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.

  23. Lapsed Accounts: In order to keep Still Moments Nursery membership roster current, if a Member does not access his or her account for a period of 5 years or more, Still Moments Nursery may, in its sole discretion, terminate such Member's account. Still Moments Nursery will endeavor to notify a Member of Still Moments Nursery intent to terminate such Member's account by notice to such Member's provided email address at least 14 days prior to deactivation. If the Member fails to respond to such email notice with24 days after the day it is sent by Still Moments Nursery, such Member's account will be terminated as noted above. Therefore, Still Moments Nursery strongly recommends that all Members keep their accounts and contact data current and in use. While Still Moments Nursery desires to prevent active accounts from being terminated prematurely, Still Moments Nursery has no obligation to maintain accounts that appear to Still Moments Nursery to have been abandoned. Each Member agrees that failure to access his or her account for 5 years or more conclusively indicates that such Member's account has been abandoned and that the account may therefore be terminated.

  24. Verify Members' Address: Still Moments Nursery reserves the right to contact a Member via email to verify the accuracy of account information (including the Member's correct name and address) that is needed to provide the Member with the information he or she requested from Still Moments Nursery.

  25. These Terms and Conditions of Sale apply to all orders by  Still Moments Nursery to each customer. The Customer acknowledges that by accepting a quotation from the Reborn Artist, submitting a written order from this website or by email, and accepting a delivery method, the customer fully understands the  terms of sales by Still Moments Nursery.
  26. Back ordered and Discontinued Products: You will be notified immediately of any product that may be back ordered. If the product you ordered has been discontinued or is no longer available from the supplier, we will contact you to offer a substitute product: or, if you choose, you may cancel your original order or just that item.

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